Can a party raise a constitutional claim for the first time on appeal?

California, United States of America


The following excerpt is from People v. Miles, F073729 (Cal. App. 2018):

Constitutional claims may be raised for the first time on appeal if the new arguments do not involve facts or legal standards different from what was raised below. (People v. Tully (2012) 54 Cal.4th 952, 979 (Tully).) The new argument must assert " 'that the trial court's act or omission, insofar as wrong for the reasons actually presented to that court, had the additional legal consequence of violating the Constitution.' [Citations.] However, '[a] party cannot argue the court erred in failing to conduct an analysis it was not asked to conduct.' [Citation.]" (Id. at p. 980.)

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Here, defendant failed to object in the trial court when the prosecution sought to admit the gang registration into evidence against him. As such, he cannot now raise a constitutional claim after failing to ask the trial court to conduct any analysis below. (Tully, supra, 54 Cal.4th at pp. 979-980.) Thus, this issue is deemed forfeited on appeal. (See People v. Dykes, supra, 46 Cal.4th at p. 756; People v. Redd, supra, 48 Cal.4th at p. 730.)

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